Bava Batra 138B

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Text Excerpt

she has the advantage; if she wants, she takes the 200 dinars, and if she wants, she takes payment of her marriage contract.

The baraita continues: And if there was a person on his deathbed who said: Give 200 dinars to so-and-so, my creditor, as is appropriate for him, the creditor takes the 200 dinars and takes payment of the debt as well. But if he said: Give him 200 dinars as payment for the debt, he takes the 200 di

The Talmud asks: Because he says: As is appropriate for him, he takes the 200 dinars and takes payment of the debt as well? But perhaps he was saying: As is appropriate for him as payment for the debt, and meant only to specify the amount of the debt.

Rav Naḥman said: Rav Huna said to me: In accordance with whose opinion is this? It is in accordance with the opinion of R' Akiva, who expounds superfluous language. R' Akiva holds that if one uses unnecessary words, he apparently intended to add a matter.

As we learned in a Mishnah (64a): One who sells a house without specification has sold neither the pit nor the cistern [dut] with it, even if he writes for the buyer in the bill of sale: With its depth and its height. This is because anything that is not part of the house, like pits and cisterns, m